The Electoral Commission (EC) has urged the court to uphold the results of the recent Kawempe North by-election, arguing that the petition calling for a re-run lacks sufficient merit and poses a dangerous precedent for future elections.
During submissions before court, the EC’s legal representative, Eric Sabiiti, pushed back against claims that the election was not conducted in accordance with the law, particularly in regard to the tallying of results from 14 polling stations where violence disrupted the final vote count.
"You cannot tally for life — there are limitations of time to declare a winner," Sabiiti said, arguing that the returning officer had no other lawful option but to announce the winner based on the available results after electoral materials were destroyed in the chaos.
According to the EC, the polling process was largely peaceful, with voters turning out in large numbers and voting concluding as scheduled at 4pm.
“The EC secured all materials during voting, and it’s only during sorting that the disruption occurred,” Sabiiti told the court.
He added that violence broke out during the sorting process when “the suspected winner” became apparent to observers at the scene, triggering a mob attack that led to the destruction of critical electoral materials — including the report book, ballot boxes, and Declaration of Results (DR) forms.
“These were totally destroyed,” Sabiiti stated. “But that cannot be used to nullify the entire election. The petitioner can’t take us back to the polls for this.”
Sabiiti emphasized that there was no evidence the petitioner lacked representation at the tally center and maintained that the EC had fulfilled its obligations.
“The EC agent only has to ascertain that all agents and police are at the tally centre. EC complied,” he noted.
He also defended the returning officer’s actions, arguing that while the law doesn’t explicitly instruct an officer to flee the scene, it also requires them to report such incidents to the police for investigation — which was done the following day.
“The returning officer reported to police as the law demands. Investigations are still ongoing. We couldn’t wait up to now.”
Responding to suggestions that the violence in the 14 polling stations should warrant a fresh election, Sabiiti cautioned that doing so would embolden political actors to use violence as a tool to overturn unfavorable results.
“We will have set a precedent for politicians and supporters to organize mobs and disrupt elections to enforce a re-election,” he warned.
He likened the situation to the biblical story of King Solomon, calling on the judge to use wisdom in determining the petition.
“Rely on 1st Kings where King Solomon used knowledge against the one who wanted the baby to be killed. My Lord, use that wisdom to rule this petition.”
Sabiiti further pointed out that the petitioner herself Faridah Nambi Kigongo had conceded she would not have won in all the affected polling stations.
“Even if court ordered a rerun in the 14 polling stations, it would not be possible now. Results from other stations have already been declared and would affect the outcome in any rerun — no one wants to associate with a losing candidate.”
“There is simply not enough evidence to annul the election,” he concluded.
The contested election winner Elias Nalukoola is also expected to present final submissions today.
The court is expected to rule on the matter in the coming weeks.
The petition is seen as a significant test for Uganda’s electoral integrity, particularly around how institutions handle violence and disruptions during elections.